US v. Warner

As the lead civilian counsel for the defense team in US v. Warner, I, as defense lawyer, am faced with some interesting military issues and potential defenses.  www.jamesphillipslaw.com.

My law firm is currently representing SSG Warner in an ongoing military courts-martial.   One of the wonderful things about representing SSG Warner is that he is a great soldier.  He has been deployed numerous times to combat zones.  He has been in the thick of the action throughout his military career.  As a defense attorney, I am lucky because my client is innocent of the allegations and next week will be highly exonerated.  But, the case does bring up several issues.

The alleged “victim” in this case is a suspected Al Qaeda operative that was probably involved in the death of members of SSG Warner’s squad.  Legally,  what do you when the “criminals” (serious sarcasm here) are productive members of the military who have made crimnal decisions, but within the context of war?  This is a very convoluted way of saying- what is right, what is legal, what is ethical and moral in an immoral combat zone?

As a former JAG, these questions were not as difficult during the first Gulf War or my first go round with the 101st in Iraq in 2003.  The enemy looked somewhat like a traditional enemy.  They fired rockets.  The fired weapons.  The need for self-defense dictated the need to respond.  This all got much more troubling the longer we were in Iraq.  In early 2004, the moral questions looked more like US v. Warner than they did Saving Private Ryan or Band of Brothers.

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